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Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by maldusiecle on Friday March 07, 2025 @01:26PM (#43292717)
> For example, do all people have a right to health care? No, because, in the extreme, it leads to logical contradictions with other rights. (E.g. Doctors being forced to provide care at gunpoint.)

In the same vein, people do not have a right to a fair trial--in the extreme, this would lead to a contradiction with other rights (e.g. judges being forced to practice law at gunpoint).

> I have to laugh, even as a liberal myself.

Probably not as much of one as you think.

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by rendang on Friday March 07, 2025 @01:51PM (#43293016)
> people do not have a right to a fair trial--in the extreme, this would lead to a contradiction with other rights (e.g. judges being forced to practice law at gunpoint)

Could be avoided by restating it as "a right to be tried fairly or otherwise not tried". The right of the citizen to have crimes against him investigated and brought to justice, that's another matter.

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by munchler on Friday March 07, 2025 @02:05PM (#43293170)
Your example proves my point. If there are no judges, the government has to let you go free. They don’t force anyone to become a judge.

A better example might be that your right to a jury trial conflicts with my right to freedom of movement, but the government explicitly resolves that contradiction by making it a crime to avoid jury duty.

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by astrange on Friday March 07, 2025 @04:12PM (#43294732)
They don't have to let you go free if there aren't enough judges though. You can end up in jail or otherwise restricted for quite a long time.
Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by immibis on Friday March 07, 2025 @04:08PM (#43294687)
The government taking away your right to freedom of movement resolves a conflict with freedom of movement?
Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by maldusiecle on Friday March 07, 2025 @03:35PM (#43294298)
> Your example proves my point. If there are no judges, the government has to let you go free.

That happens, you believe?

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by rssoconnor on Friday March 07, 2025 @05:07PM (#43295302)
> But the case was thrown out in August 2023 — not for a lack of evidence, but because the Crown took too long to bring it to trial under a set of strict timelines that have reshaped the way criminal cases are handled since a landmark 2016 ruling by the Supreme Court of Canada.

https://www.cbc.ca/news/canada/british-columbia/canada-jorda...

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by genewitch on Saturday March 08, 2025 @07:25AM (#43299667)
That's from the magna carta. 1215 CE or thereabouts.
Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by chongli on Friday March 07, 2025 @10:38PM (#43297286)
Your example proves my point. If there are no judges, the government has to let you go free. They don’t force anyone to become a judge.

What about the victims' right to justice and to be secure against violations of their rights (bodily integrity and health, property, freedom of movement and flourishing)? If there are no judges and all the criminals are left to roam the streets, they are free to continue victimizing anyone they choose. Seems to me that these rights have a lot of mutually incompatible features. You can't provide for one person's rights without compelling action from another.

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by henlobenlo on Friday March 07, 2025 @06:08PM (#43295820)
That's why the whole concept of rights is completely useless. It has no real metaphysical bearing and people just use it as an ever expanding wish list. There are only values and morals that arise from the synthesis of values and truths.
Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by sprucevoid on Saturday March 08, 2025 @05:23AM (#43299032)
The notion of moral rights can be seen as a form of value and as such is about as workable as other notions of value e.g. virtue, duties, obligation and the good.
Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by nis0s on Friday March 07, 2025 @08:07PM (#43296569)
Your counterpoint doesn’t make sense because the government establishes laws. A trial is an application of the laws of that government. The quality of a trial being “fair” is just a marketable quality of that government.

Healthcare, on the other hand, is not necessarily the government’s domain because people have the freedom to live unhealthily if they want. There is no law which says you must keep yourself healthy. How do you even measure that for different people? For what it’s worth, I think people should get universal healthcare because populations getting sick impacts productivity.

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by genewitch on Saturday March 08, 2025 @07:23AM (#43299660)
> There is no law which says you must keep yourself healthy.

In 25 states, if you are pregnant, it is against the law to be unhealthy, specifically but not limited to substance abuse.

https://jamanetwork.com/journals/jamanetworkopen/fullarticle...

So, what?

edit: here, HN, the literal stat:

> From 2000 to 2015, the number of states with these punitive policies increased more than 2-fold from 12 to 25, and the number of states requiring health care professionals to report suspected prenatal drug abuse to child protective services or health officials increased from 12 to 23

and i know a policy isn't a law but the word punitive is right there, so

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by nis0s on Saturday March 08, 2025 @08:50AM (#43300238)
People take drugs recreationally, but that doesn’t always translate into worse health outcomes. The term “substance abuse” is also unnecessarily judgmental in this case because it assumes lack of self-control. Someone can be in control and take drugs, and not worsen their physical or mental health. But a growing fetus will be impacted by whatever drugs are taken by its bearer, either mother or surrogate (we don’t know). So I get the point you’re making, but the law you’re citing doesn’t work as a good enough counter example to my point (at least I don’t think so) because this law isn’t about the individual’s health, but about the fetal health.

I think a better counter example to my “there’s no law which requires health” statement are anti-smoking stipulations against people born after a certain year. So essentially, anti-smoking laws do make an assumption that you’ll get unhealthy if you smoke, and therefore you shouldn’t. However, policymakers can say that you’re not obligated to healthcare as a right because there are different laws which are already protecting your health, and they would be right in their own place.

The reason I think universal healthcare makes policy sense is that health outcomes are dependent on randomness. Someone can have bad genetics, or be born into environmental conditions which impact their health, both things which are random and not under personal control. I don’t think it’s a good idea to leave national productivity up to randomness, especially when environmental factors like pollution can have deterministic effects, like worsening population-level health outcomes. For a country as big as the US, healthcare should be left to the states to decide, but most states will find that providing healthcare will result in better productivity (I think).

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by genewitch on Saturday March 08, 2025 @09:50PM (#43305716)
> because this law isn’t about the individual’s health, but about the fetal health.

this is just twisting definitions. The law can't remove the fetus if the person carrying it is abusing drugs (or whatever), so the law applies to the person carrying the fetus. That is a "law that says you can't be unhealthy" and the reason is "because it hurts the fetus".

we also put people that have pica disorder into mental hospitals, because they eat things that are not healthy.

Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by nis0s on Sunday March 09, 2025 @12:50AM (#43306623)
This is a law that says you can’t harm another person, not necessarily that you can’t be unhealthy.
Re:Why reading Martha C Nussbaum's philosophy is pure pleasure by throwaway81523 on Saturday March 08, 2025 @12:59AM (#43297863)
> (e.g. judges being forced to practice law at gunpoint).

We have that (compulsory jury duty).